Bear Attack Sparks Federal Lawsuit: Who Is Liable?

November 20, 2008

When bears attack, who is liable? This case is currently making it’s way through our nation’s court system, but unlike some frivolous cases, this particular one may have some merit to it. Back in June of 2007, the Ives family went camping in American Fork Canyon, Utah. To the family’s dismay, they were awakened by a bear dragging their 11 year-old son out of the tent. The bear did kill their son.

That is when this case began. After some investigating into this incident, it was soon discovered that the U.S. Forest service had sent out government hunters to take care of a problem bear earlier in the morning. The hunters did not find the bear and left the area.

The Ives family contends that the U.S. Forest Service should have given area campers warning that a problem bear was in the area. They say that this simple warning could have saved the life of their son. They are seeking $2 million against the U.S. Forest Service and are also trying to ensure that the U.S. Forest Service takes some responsibility in alerting others when problem bears are around.

You can guess all the arguments to this issue. Yes, signs were posted that bears were nearby and to ‘beware’. The problem stems from the fact that no warning was given that there was an animal currently being searched out that had caused previous problems. Should the forest service be held liable?

Here’s my two cents: If there is a danger that is known to park officials, but not those who are actively in the area, then I feel that it is the Park Service’s responsibility to ensure the safety of those people. That is what we pay them for, right? Seeing that the bear was currently being sought, yet no warning was given to nearby campers and park patrons that it could be more dangerous than other bears in the area, I feel that it is the Park Service’s responsibility to warn of any threats that are not publicly known. I know that this is going to spark some debate, but I think in this single instance that the U.S. Forest Service should be held liable. Yes, bears are a dangerous animal. Yes, signs were posted. BUT this animal was a known ‘trouble’ animal and more dangerous than the rest. Without warning, who would have known that this bear was more dangerous and may be searching for a human victim?

Give me your thoughts in the comments below. By the way, checkout the nice newscast covering this story. They do a great job.

Video Courtesy of KSL.com

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